Judgment

KHANNA, J. - Four persons, Ibrahim (55), Pradhan of village Noorpur, his son Shaukat (28), brother Mehandi Hasan (40) and Bashir (60) who was Uppradhan of that village were murdered in the course of an occurrence on the night between March 22 and 23, 1971 in village Noorpur at a distance of three miles from police Station Barhapur in district Bijnor. Amir Hussain (31) appellant and 12 others were tried in the court of Sessions Judge Bareilly-Bijnor in connection with that occurrence for various offences under Ss. 147, 148 and 302 read with S. 149 Indian Penal Code. The trial judge acquitted 10 of the accused and convicted the appellant and two others Karimuddin and Mohd. Ibrahim under Section 302, read with Section 34 Indian Penal Code and sentenced each one of them to death. On appeal and reference the Allahabad High Court acquitted Karimuddin and Mohd. Ibrahim by giving them the benefit of doubt. Conviction and sentence of the appellant were maintained. The appellant has come up in appeal to this Court by special leave.

2. The prosecution case is that the appellant who is a Gujar abducted Zaitoon, wife of one Mubarak, a Sagra Muslim, about 18 months before the present occu